Criminal Procedure Code of the Kyrgyz Republic - Legislationline
Criminal Procedure Code of the Kyrgyz Republic - Legislationline
Criminal Procedure Code of the Kyrgyz Republic - Legislationline
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
o<strong>the</strong>r persons who may have information on a crime, keep data related to a case shall enforce<br />
listening and recording <strong>of</strong> conversations.<br />
(2) Any instigator shall render a motivated resolution on <strong>the</strong> necessity to enforce control over<br />
conversations which shall get a warrant from a prosecutor. The resolution shall specify: a<br />
criminal case and grounds on <strong>the</strong> basis <strong>of</strong> which this investigatory action shall be enforced;<br />
full name <strong>of</strong> persons whose conversation are subject to listening and within what time limit;<br />
<strong>the</strong> name <strong>of</strong> an establishment which is authorized to enforce technically listening and<br />
recording <strong>of</strong> conversations. The resolution shall be filed by <strong>the</strong> investigator with a relevant<br />
establishment for an execution.<br />
(3) Listening and recording <strong>of</strong> conversations shall be established for a time limit not longer than<br />
six months and canceled when <strong>the</strong>re is no fur<strong>the</strong>r necessity in such measures but in any cases<br />
not later than after dismissal <strong>of</strong> a case or its filing with a court.<br />
(4) Within all <strong>the</strong> established time limit <strong>the</strong> investigator shall be authorized to examine and listen<br />
to recordings.<br />
(5) Examining and listening to recordings shall be made by <strong>the</strong> investigator with <strong>the</strong><br />
participation <strong>of</strong> identifying witnesses, and, if necessary, <strong>of</strong> a specialist, interpreter, and <strong>the</strong><br />
transcript shall be rendered on that and shall specify word by word a part <strong>of</strong> recordings<br />
relating to a case. The recordings shall be enclosed to a transcript and <strong>the</strong> part not relating to<br />
a case after its completion shall be eliminated.<br />
(6) Participants <strong>of</strong> connection, listening and recording procedure shall be warned and bear<br />
responsibility in accordance with <strong>the</strong> Article 333 <strong>of</strong> <strong>the</strong> <strong>Criminal</strong> <strong>Code</strong> <strong>of</strong> <strong>the</strong> <strong>Kyrgyz</strong><br />
<strong>Republic</strong> for disclosure <strong>of</strong> information became known to <strong>the</strong>m.<br />
SECTION 24. INTERROGATION, CONFRONTATION, IDENTIFICATION<br />
Article 189. Place and time <strong>of</strong> interrogation<br />
(1) Interrogation shall be made according to <strong>the</strong> place <strong>of</strong> prosecution. If <strong>the</strong> investigator<br />
considers it necessary he shall be authorized to make interrogation on place <strong>of</strong> staying <strong>of</strong> an<br />
interrogated.<br />
(2) Interrogation shall not last for more than 24 hours without breaks. Continuation <strong>of</strong> an<br />
interrogation shall start after not less than an hour break to have rest and meals and <strong>the</strong> total<br />
length <strong>of</strong> interrogation within a day shall not exceed eight hours. In case <strong>of</strong> medical evidence<br />
an interrogation length shall be established on <strong>the</strong> basis <strong>of</strong> doctors’ conclusions.<br />
Article 190. Summon for interrogation procedure<br />
(1) Any witness, victim as well as <strong>the</strong> suspect who is not in custody, <strong>the</strong> accused shall be<br />
summoned for interrogation with a citation. It shall specify who and in what capacity is<br />
summoned, to whom and to what address, time <strong>of</strong> appearance for interrogation and <strong>the</strong><br />
consequences <strong>of</strong> a failure to appear without valid causes.<br />
(2) Any citation shall be served upon a person and he has to give a receipt on that. When a<br />
summoned is absent a citation shall be served upon a full aged member <strong>of</strong> his family and if<br />
<strong>the</strong>re is none—to a dwelling agency or a local administration body or to an administration <strong>of</strong><br />
his work for <strong>the</strong>m to transfer it to <strong>the</strong> summoned and <strong>the</strong>y shall be obliged to do that. Any<br />
person may be summoned through utilization <strong>of</strong> o<strong>the</strong>r means <strong>of</strong> communication.